Editorial | Alito's (not awesome) antics

It may be the first time in U.S. Supreme Court history that a justice's behavior has been compared to that of Jeff Spicoli, the huffy surfer dude who couldn't contain his disdain for Mr. Hand in "Fast Times at Ridgemont High." But then, Justice Samuel Alito has been known to emote on the bench and in public settings in a way that other justices haven't and don't, a way that is unbecoming to him and the court. In a word, Spicoli-esque.

This behavior first made news when Mr. Alito mouthed "not true" to President Barack Obama during the 2010 State of the Union Address, after the president decried the effects of the court's Citizens United campaign finance decision. After catching a lot of flak for his boorishness, Mr. Alito hasn't attended another State of the Union speech.

But he has to show up for major rulings and so the Alito body English/Spicoli channeling was rolled out again this week, when, according to reports, he rolled his eyes, pursed his lips and shook his head "no" when his fellow justice, Ruth Bader Ginsburg, his senior in the court and in years, read her dissent of two discrimination cases from the bench.

Atlantic reporter Garrett Epps, who drew the Spicoli comparison, wrote that Mr. Alito's behavior as Ms. Ginsburg read that dissent was "as jarring as seeing a justice blow bubblegum during oral argument."